Netherlands lodges appeal against victim of State instigated crimes

A report issued by a State commission in February 2021 concludes that, in intercountry adoption cases from Brazil, the government of the Netherlands was aware of misdeeds in adoptions and the role of Dutch diplomats stationed in Brazil therein but did nothing about them and allowed them to continue.
A final court ruling in November 2021 concluded that, by doing so, the Netherlands acted in violation of the victim’s right to identity and knowledge of his parentage. The court therefore ruled that the State is liable for the damage that he has suffered as a result.
Three months later, one day before the deadline to lodge appeal, the Netherlands subpoenaed the victim of crimes instigated by a diplomat from the Netherlands stationed in Brazil for the court of appeals.

Whereas, according to the United Nations, the Netherlands should enforce claims from victims of illegal intercountry adoption for recognition and reparation, according to the Dutch Justice Minister victims have no right to enforcement of a final court ruling.

Furthermore, whereas, according to the United Nations, victims of illegal intercountry adoption have the right to full and public disclosure of the truth provided by the government, pursuant legal actions of the Dutch government, victims should be held to a duty of confidentiality concerning the responsibility and role of the Netherlands in illegal intercountry adoption practises.

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UPDATE: 21 May 2024 the court of appeals in the Hague ruled that the State of the Netherlands is not liable in this case. For more information, see the court’s press release (in Dutch).